Dismone v. Carrollton Excelsior & Fuel Co.
This text of 121 So. 208 (Dismone v. Carrollton Excelsior & Fuel Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In this sequestration 'suit, plaintiff claims ownership of twenty-three (23) cords of wood. Defendant, after admitting ownership, claims a privilege upon the wood for the payment of certain freight and unloading charges, amounting to one hundred twenty-one and 72-100 dollars.
After judgment for plaintiff recognizing its ownership, subject to defendant’s privilege for nineteen and 22-100 dollars, defendant appealed.
As plaintiff has not answered the appeal, we cannot consider the legal question as to the validity of the privilege.
The sole question before us is one of fact — as to whether defendant purchased from Morrison one or two cars of wood. As Mr. Goll, president of the defendant’ company, stated in his letter of March 12, 1928, that he had purchased only one car, and as this statement is confirmed by the preponderance of the testimony,’ and by the surrounding circumstances, the decision of the trial Judge is clearly correct on this''point.
The judgment is therefore affirmed.
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Cite This Page — Counsel Stack
121 So. 208, 9 La. App. 544, 1928 La. App. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dismone-v-carrollton-excelsior-fuel-co-lactapp-1928.